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Author Topic: Joint Employment  (Read 611 times)

bhollimon

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Joint Employment
« on: 03-31-17 at 05:50 pm »

In the situation where Company hires Staff Augmenter Firm, Staff Augmenter provides Software Developers who are directly employed by Staff Augmenter, AND are effectively employed (controlled) by Company, and Software Developers write software, who owns the CR in the software produced by the Software Developers?

For purposes of federal employment law, Staff Augmenter and Company are usually considered to be Joint Employers, and both are subject to employment laws.  I have not seen any case regarding CR ownership in the Joint Employment context - anybody have any input?
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MYK

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Re: Joint Employment
« Reply #1 on: 04-02-17 at 01:22 am »

Generally speaking, the contractor's employment agreement with the agency would spell out IP ownership, and the agency's contract with the client would spell out whether the copyright gets transferred.

If any of the parties aren't doing that, then it can end up as a giant litigation mess.

That said, when I was doing that job, I didn't have a lot of use for software to manage a giant database of airplane parts and their associated technical documentation and procurement info, so I'm not sure it would have been helpful to me to own the copyright myself.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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